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Office space and protection against eviction

29

March

2019

Dutch tenancy law makes a distinction between ‘’shop space’’, ‘’office space’’ and ‘’other industrial space’’. The last category is also called the “230a space” referring to [the Article] [Section] 7:230(a) of Book 7 of the Dutch Civil Code which specifically addresses this specific category. Protection against eviction and possibility of extension are handled in this article.

Protection against eviction

Should the lessor have given proper notice of the termination of the lease, in other words, on time and in compliance with the formal requirements, then in principle, the lease is terminated.  For lessors it’s important to know since they are occasionally inclined to forget, that at the same time you give notice of terminating the lease, you should give your notice of eviction as well. The lessee of a 230a space has after the date when notice was given of the eviction, generally [normally] protection against eviction for a period of two months. During these two months the lessor may not take any action in forcing the lessee to vacate. These two months are meant to give the lessee ‒ should it be required ‒ time to file a request with the court (subdistrict court) to extend the ‘’protection against eviction” period.

Request to extend protection against eviction

If the handling of the request is still going on, the lessee doesn’t have to vacate the leased space until a decision regarding the request has been taken. Whether or not the space in question is ‘’230a’’ will be reviewed during the proceedings and whether the lessee’s notice of termination is legally valid. And the request for extended protection against eviction shall be judged in accordance with a period stipulated.

The request for an extension involves the weighing of the interests of the lessee and lessor, in which the court will only grant the request when the interests of the lessor are more seriously compromised than the lessee when leasing is continued [proceeds]. The court can extend protection against eviction for a maximum of one year. The lessee can however request repeatedly, two times in total and each time, to extend this period for a maximum of one year.

The decision cannot be appealed

Both during the granting of the request as well as when a request is refused, the court determines an eviction date [a vacation date]. The court’s judgment is binding [definitive]. It is not possible to appeal against this ruling.

Should you have any questions about this topic, please contact our office and we will gladly help you.

Written by:
Bas van der Eijk
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